You Made a Mistake in College — Kentucky’s Expungement Laws May Let You Move On
If your child received a criminal conviction during their college years in Kentucky, the story doesn’t have to end there. Kentucky has significantly expanded its expungement laws in recent years, giving many individuals with criminal records the opportunity to seal their convictions from public view. For college graduates entering the job market, applying to graduate school, or pursuing professional licensing, expungement can be a game-changer.
At Clark + Harris, we handle expungement cases for former Kentucky college students across the state. From our Lexington and Louisville offices, we help clients clear their records and reclaim their futures.
Kentucky Expungement Laws
Kentucky offers several pathways to expungement, depending on the nature of the offense:
Misdemeanor and Violation Expungement (KRS 431.078)
Individuals convicted of misdemeanors or violations in Kentucky may petition for expungement after a waiting period. The waiting period is generally 5 years from the completion of the sentence (including probation). The petitioner must have no pending charges and no subsequent convictions during the waiting period.
This covers many common college offenses: underage drinking, alcohol intoxication, disorderly conduct, criminal trespass, and other misdemeanor charges.
Felony Expungement (KRS 431.073)
Kentucky allows expungement of certain Class D felony convictions after a waiting period of 5 years from the completion of the sentence. Not all felonies are eligible — sex offenses, violent offenses against children, and certain other categories are excluded. But many drug possession felonies, theft felonies, and other Class D felonies qualify.
The petition is filed in the court where the conviction occurred, and a filing fee is required. The court considers the nature of the offense, the petitioner’s criminal history, the impact of expungement on public safety, and other factors.
Dismissed Charge Expungement (KRS 431.076)
If charges were dismissed, the defendant was acquitted, or the grand jury returned a “no true bill,” the individual can petition for expungement of the arrest and charge records. This is typically straightforward and can be done relatively quickly.
Pretrial Diversion Expungement (KRS 431.078)
Charges that were dismissed following successful completion of a pretrial diversion program are eligible for expungement. This is one reason why pursuing diversion during the original criminal case is so valuable — it creates an easier path to record clearing.
What Expungement Does and Doesn’t Do
What Expungement Does
- Seals the conviction (or arrest) from public view in most background checks
- Allows the individual to legally state on most applications that they have not been convicted of a crime
- Removes the record from the Kentucky State Police database and court records
- Eliminates the conviction as a basis for employment, housing, or licensing denial in most contexts
What Expungement Doesn’t Do
- Federal records and FBI databases may still reflect the original charge
- Certain professional licensing bodies (including the Kentucky Bar) may still have access to expunged records
- Law enforcement agencies retain internal records for certain purposes
- Immigration authorities are not bound by state expungement orders
The Expungement Process
At Clark + Harris, we handle every step of the expungement process:
- Eligibility assessment — reviewing your criminal record to determine which convictions are eligible for expungement
- Petition preparation — drafting the expungement petition with supporting documentation
- Filing and fees — filing the petition in the appropriate court and managing the fee payment
- Hearing representation — if a hearing is required, representing you before the judge
- Record verification — after expungement is granted, verifying that records have been properly sealed in all relevant databases
Plan for Expungement From the Start
At Clark + Harris, we plan for expungement from the very beginning of a criminal case — not as an afterthought years later. When we negotiate plea agreements or pursue diversion, we ensure that the outcome is expungement-eligible whenever possible. This forward-thinking approach is one of the key advantages of hiring a private attorney who understands the long game.
Call Clark + Harris — 859-474-0001
Whether your child is currently facing charges or is a college graduate with a past conviction, Clark + Harris can help. Call us at 859-474-0001 to discuss expungement options.
Clark + Harris — Helping Kentucky college students and graduates clear their records and move forward. Call 859-474-0001.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- How Criminal Charges Affect Student Financial Aid and FAFSA in Kentucky
- Criminal Charges and Nursing School Applications in Kentucky
- Kentucky College Student Criminal Record and Future Employment
- My Child Was Arrested at a Kentucky College: A Parent’s Guide
- How Parents Can Help Their College Student After a Kentucky Arrest